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Patna High Court

Birendra MukhiyaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s criminal antecedent and compliance with the stipulated conditions.

Summary

The petitioner, Birendra Mukhiya, sought anticipatory bail fearing arrest in a case under Sections 274 and 275 of the Bihar Narcotic Substances Act, 2023 read with Section 30(a) of the Bihar Excise Act, alleging that 110 litres of liquor were recovered from a river bank and not from his possession. He has thirteen prior excise cases and claims the police implicated him mechanically based on a hostile watchman's information. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 65,000 with two sureties and that the trial court verify his criminal antecedent. If the verification shows more than thirteen prior cases, the bail will not be confirmed; if exactly thirteen, the provisional order will be confirmed. The order is made under Section 482(2) of the Bihar Narcotic Substances Act.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Sections 274 and 275 of the Bihar Narcotic Substances Act read with the Bihar Excise Act.
  • Whether the petitioner’s prior criminal antecedent of thirteen excise cases disqualifies him from anticipatory bail.
  • Whether the recovery of liquor from a public river bank constitutes possession for the purpose of the offences.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • criminal antecedent
  • Bihar Narcotic Substances Act
  • Bihar Excise Act
  • Section 482
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32377 of 2026
                    Arising Out of PS. Case No.-319 Year-2025 Thana- DARPA District- East Champaran
                 ======================================================
                 Birendra Mukhiya Son of Shankar Mukhiya Resident of Village- Rampur
                 Siswaniya, Barka Tola, P.S.- Darpa, District- East Champaran, Motihari.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Kumar
                 For the Opposite Party/s :       Mr. Ramchandra Sahni
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-05-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 274 and

                   275 of the BNS, 2023 read with Section 30(a) of the Bihar

                   Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of thirteen cases under the Excise Act

                   and allegation is of recovery of 110 liters of liquor from bank of

                   a river.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.32377 of 2026(2) dt.13-05-2026
                                            2/3




          and is accessible to villagers at large and he came to be

          implicated at the instance of Chowkidar with whom he is on an

          inimical term. It is also submitted that once an accused is

          implicated in a case relating to excise, the police starts

          implicating mechanically either at the instance of Chowkidar,

          local person, confessional statement or secret information

          without holding a proper investigation.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          65000/- (Rupees Sixty Five Thousand) with two sureties of the

          like amount each to the satisfaction of the learned Trial Court

          where the case is pending/successor court in connection with

          Darpa P.S. Case No. 319 of 2025 subject to the conditions as

          laid down under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of more
            Patna High Court CR. MISC. No.32377 of 2026(2) dt.13-05-2026
                                                        3/3




                      than 13 cases then it would be presumed that petitioner, for the

                      purposes of seeking anticipatory bail, had concealed his

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of 13

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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